“Discovery” is a legal mechanism designed for gathering information about either party to the divorce.
There are five steps to the discovery phase.
- Disclosures: Every state has rules of civil procedure and the way disclosure is conducted is determined by those rules. Attorneys for both parties request certain items from the other party. The list of items is sent to the other side and they must respond within thirty days.
- Interrogatories: This is a list of questions that the attorneys send to the opposing side. Most states set limits on how many questions and the response time is thirty days.
- Admissions of Fact: This is a written list of facts that is directed at the other party to the divorce. The party receiving the list of facts is asked to either admit to or deny each listed fact.
- Request for Production: A legal mechanism used to obtain documents such as bank statements, statements of income or any documents the attorney feels will benefit his client. The party receiving a request for production is supposed to respond with the documents within 30 days. This part of the process can become a major obstacle to a swift divorce. It seems to be human nature to not want to turn over personal information and delay tactics are used at this part of the process.
- Depositions: During depositions attorneys will take sworn testimony from the opposing party and any witnesses involved.
